Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY WEEKLY LEGAL NUGGETS  THE GOLDEN RULE The Golden Rule means that where the literal meaning of words will lead to an absurd result, a court should adopt an interpretation that avoids the absurdity.  This rule is a modification of the  literal rule. It states that if the literal rule produces an absurdity, then the court should construe another, better-suited meaning to the words to avoid that absurd result.  The golden rule arises out of the fundamental principle that courts must interpret statute "according to the intent of them that made it". It usually avoids unjust or absurd results in sentencing. The main advantage of The Golden Rule is that through its application, drafting errors in statutes can be corrected immediately. The Golden Rule was formulated by Baron Parke in the case of Becke v Smith . The rule has merits and demerits. It enables the court to adopt a reasonable and sensible interpre...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY WEEKLY LEGAL NUGGETS  CONFESSIONAL STATEMENT A confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime. This is provided for in Section 28 of the Evidence Act, 2011.  For a confessional statement to be admissible in court, it is essential that it is Voluntary . The admission must also be direct and affirmative, not ambiguous.  An admission of guilt must be made by the person charged, not any other person, be it his counsel or police officer. Such confession made can only be relevant against the person who made it only.  Section 29 of the Evidence Act 2011 provides for the rule of evidence regarding relevance and admissibility of confessional statements. A confession must not be forced or extracted by means of oppression such as torture, inhuman or degrading treatment and the use or threat of violence.  It is ...